0830.00 Arrest Without Warrant

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
Policy number
PPB-0830.00
On this page

0830.00   Arrest Without Warrant

Refer:    

  • ORS 133.055 (2)(a)  Mandatory Arrests for Domestic Violence
  • ORS 133.310 Authority of Officer to Arrest Without Warrant.
  • DIR  0311.30  Off-Duty Responsibility of Officers
  • DIR  0640.00  Identification Procedures
  • DIR  0640.70  Fingerprinting and Photographing Juveniles
  • DIR  0825.00  Domestic Violence, Arrests and Restraining Orders
  • DIR  0840.00 Arrest, With Warrant
  • DIR  0850.30  Juveniles, Custody
  • DIR  0860.10 Traffic Citations and Arrests
  • DIR  0860.30  Citation-in-Lieu-of-Custody

Definitions:

  • Crime: As used in this directive, crime means any act punishable as either a felony or misdemeanor for which a sworn Bureau member has legal jurisdiction.

Policy:

1.      This directive establishes the procedure for sworn Bureau members to make arrests without a warrant.

2.      Criminal arrests are a core part of the Bureau’s mission to reduce crime, the fear of crime, and to protect human life and property. The Bureau and its members have an important responsibility to make arrests lawfully, safely, and judiciously.

3.      The Bureau recognizes that a criminal arrest is not the only resolution when a crime has been committed. The Bureau supports members discretion in making criminal arrests. Members may consider restorative justice and other alternatives to arrest where appropriate.

Procedure:

1.      Member Responsibilities.

1.1.            A sworn member may arrest a person without a warrant if the member has probable cause to believe that the person has committed any of the following:

1.1.1.      A felony.

1.1.2.      A misdemeanor.

1.1.3.      An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.

1.1.4.      Any other crime committed in the member’s presence for which the member has legal jurisdiction.

1.2.            A sworn member shall make an arrest without a warrant when the member has probable cause to believe that a person has:

1.2.1.      Violated a valid restraining, stalking, or other court order described in ORS 133.310.

1.2.2.      Committed a crime of domestic violence as defined in Oregon law, and further detailed in DIR 0825.00, Domestic Violence, Arrests and Restraining Orders.

1.3.            A sworn member may arrest a person when notified by a peace officer in any state that a duly issued warrant exits in that officer’s jurisdiction, and that jurisdiction is prepared to extradite the person.

1.4.            Members shall not make arrests or issue citations in personal arguments or those of their family members or friends, except under grave circumstances (i.e., when the use of self-defense is justified), or mandatory arrest. Members will notify the agency responsible for the jurisdiction in which the event is occurring in order that officers may be dispatched to investigate and take the necessary action, as well as their supervisor.

1.5.            Off-duty arrests generally are governed by Directive 0311.30, Off Duty Responsibility of Officers.

2.      Supervisor Responsibilities.

2.1.            Supervisors will review all arrests, and their associated reports prior to the end of shift.

3.      Citations-in-Lieu-of-Custody.

3.1.            Members will refer to Directive 0860.30, Citations-in-Lieu-of-Custody, to determine if issuing a criminal citation rather than making custodial arrest is appropriate.

Established: 09/06/01

Effective: 02/24/2024

Next Review Date: 02/24/2026

Upcoming and Recent Changes

0830.00 Arrest Without Warrant

Effective Date

0830.00 Arrest Without Warrant

Effective Date

0830.00 Arrest Without Warrant

Effective Date

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